P. v. Rosas CA2/4
Defendant William Pasillas Rosas appeals from the trial court’s summary denial of his petition for resentencing under Penal Code section 1170.95. Relying on the jury instructions given at trial and our prior opinion in People v. Rosas (Aug. 15, 2011, B223322) [nonpub. opn.] (Rosas I), the court found that defendant was not entitled to relief under section 1170.95 as a matter of law for any of his convictions, including one count of first degree murder (§ 187, subd. (a)), and three counts of attempted willful, deliberate, and premeditated murder (§§ 664/187, subd. (a)). (See People v. Lewis (2021) 11 Cal.5th 952, 959 [recent legislative changes to sections 188 and 189, and the addition of section 1170.95, was intended “‘to ensure that murder liability is not imposed on a person who is not the actual killer’” or “‘did not act with the intent to kill’” in the commission of a murder or underlying felony].)
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